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Quick question on stay being lifted...

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    Quick question on stay being lifted...

    We are moving out of our house this week (the mortgage co., Wells Fargo knows we are letting it go).

    Just saw that the judge has ordered the stay lifted in regards to Wells Fargo's motion for adequate protection/lift stay as of 4/21. We hope to have everything finally out by May 11th.

    Do we still hopefully have that much time before Wells Fargo can kick us out (or whatever it is they do)? It is basically 19 days from now.

    We were current as of January 31st when we filed and hadn't paid the mortgage since we filed and our objections to discharge is due May 5th when our 60 days from 341 will be up.

    So hopefully we'll be okay and have time to get out by May 11th? We're in NC if it matters.

    Thanks in advance!!!
    Chapter 7: filed 1/30/08
    341 Meeting: 3/05/08 Uneventful!!
    Last Day for Objections: 5/05/08
    DISCHARGED!!!: 5/07/08

    #2
    You can google "redemption period north carolina" or visit this site.


    The way the market is going I would not speculate people will be pounding your door down. If anyone it might be investors..

    Good luck
    Filed: 01/23/08
    341 Meeting: 02/29/08
    Discharged: 04/30/08
    Closed: 05/12/08

    Comment


      #3
      HAP, you literally have *months*. As you know, I went through this in NC also, and from what you're saying, Wells Fargo hasn't even foreclosed yet -- they're just now getting around to lifting the stay. Also, the particular county you're in happens to be a slow one, as I think I told you. If you're out by May 11, I am betting that house is going to stand empty for quite some time. You will probably want to let them know when you'll be out (tell them the end of May, just in case something comes up and you're not out by the 11th as planned) and arrange to hand over your keys, etc.

      That's IF you feel like it.

      But seriously, you will have AT LEAST a month from the actual foreclosure sale (which you're not even close to yet) to the transfer of the deed, which has to predate any Writ of Possession (the eviction process). From foreclosure to foreclosure sale is up to the lender, so I can't speak to that specifically, but honestly... you're good for a while yet. Best wishes to you!!!
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

      Comment


        #4
        Thanks Gopher and Daisy!
        Chapter 7: filed 1/30/08
        341 Meeting: 3/05/08 Uneventful!!
        Last Day for Objections: 5/05/08
        DISCHARGED!!!: 5/07/08

        Comment


          #5
          I was just going to pipe in and say the same thing as Daisy. It's been over a year since I paid Wells Fargo (I'm in Florida) and they haven't even set a sale date yet. They started foreclosure proceedings like 4 months after my first missed payment but that was 8 months ago! ROFL! There's just way too many foreclosures right now to keep up with. You'll be fine.
          11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

          Comment


            #6
            Thanks again!

            We'll definitely be out by May 11th (or my husband will be moving the rest of our stuff) because I'm having surgery May 12th and do not want to worry about having to lift anything to heavy afterwards).
            Chapter 7: filed 1/30/08
            341 Meeting: 3/05/08 Uneventful!!
            Last Day for Objections: 5/05/08
            DISCHARGED!!!: 5/07/08

            Comment


              #7
              Best wishes on your surgery!!! I hope you have a swift and full recovery. Good luck!!!
              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

              Comment


                #8
                Thank you!
                Chapter 7: filed 1/30/08
                341 Meeting: 3/05/08 Uneventful!!
                Last Day for Objections: 5/05/08
                DISCHARGED!!!: 5/07/08

                Comment

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